The Travancore Devaswom Board (TDB), which controls 1,200-odd temples in Kerala, recently issued a circular banning the RSS and other organisations following “extreme ideologies” from operating on the premises of temples run by the Board.
It has been noticed, the circular said, that the branches of the Rashtriya Swayamsevak Sangh (RSS) were working in some temples under the TDB and conducting mass drills, including martial training procedures. The circular also said that several complaints had been received, directly and indirectly, that the RSS and some local groups while spreading misinformation had encroached upon the land of several temples in violation of the instructions mentioned in the circular and were working against the sanctity of the temples, the interest of the devotees and the temple etiquette. The circular also mentioned that several complaints of the devotees had pointed out that there is a suspicion that such organizations practice martial arts, including weapons training under the cover of night.
The circular further said that it was also found during inspections by investigating officers that the devotees had pointed out that at least in some temples, the gathering of people took place in the temple premises, contrary to the rituals of the temple.
Earlier, on a petition filed by devotees of the Sarkara Devi Temple (managed by TDB) in Thiruvananthapuram district, the Kerala High Court had issued a judgment strictly stopping mass drill and martial training conducted by the RSS.
The RSS has come out strongly against the TDB’s directive, which it claims is part of the CPI(M)’s bid to take control of the day-to-day affairs of temples in Kerala.
The TDB in its circular asked officials to conduct surprise checks at temples under its control to ascertain whether “the RSS or organisations with extreme ideologies conduct their branches, mass drills, gatherings or weapons training at the temples”. In order to find out the activities of the organizations that destroy the sacred atmosphere and implement the temple duty entrusted to the TDB, the statutory and autonomous body issued several measures that the officials must implement without any lapse. These include:
- All groups, including the RSS and terrorist propagating groups, are prohibited from operating in the temples of the Travancore Devaswom Board, operating under the Travancore Cochin Hindu Religious Institutions Act, 1950, without the permission of the Board.
- If such organizations are functioning without the permission of the Devaswom Board, the concerned officers should take legal action, including issuing a notice against them and reporting the information to the Devaswom Board.
- The services of the police department and the district administration, if necessary, should be used to bring back a peaceful temple environment.
- If pictures of some persons not related to temple affairs, like stones, flagpoles and symbols related to political community organizations are installed in any temple (including in the office of Temple Advisory Committee), the concerned Assistant Devaswom Commissioners shall issue strict instructions to Subgroup Officer/Administrative Officer to remove them immediately and take further action.
- The Devaswom Vigilance Department should conduct a lightning inspection (including during night hours) and submit a report on whether mass drills and martial arts training are taking place in the temples of the Devaswom Board by the RSS or any terrorist organisation. The Deputy Devaswom Commissioners, who inspect the temples, should pay special attention to this and take steps.
- The organizations shall not tie or put up single colour flagpoles in temples or temple premises or in public places in front of the temple premises, with or without connection with Utsavadi occasions, giving the appearance of belonging to political or communal organizations of their choice. In this regard, as per judgments of the High Court, the sovereign power to decorate and maintain the sanctity of the temples is vested with the Devaswom Board alone.
- No committee of any kind is allowed to function in the temple apart from the temple advisory committees which are selected only on the basis of Bala formed as per the court order from the groups of devotees who want the spirit of presence of the Goddess to remain.
- In case, the RSS, propaganda organizations, any other committees, etc., are working on the temple land, the employees of that temple, including peacekeepers, should inform the higher authorities about the same.
- Notices, pamphlets, etc., are printed by the respective Temple Advisory Committees on behalf of the Devaswom Board in connection with temple festivals and functions. “However, it has been noticed that in the said notices and pamphlets, the distribution of persons other than Devaswat is printed with images, some symbols and their own words, in relation to the Devaswat’s deity or rituals. This is against the rules and regulations of the Devaswom Board. Therefore, the draft notices and pamphlets printed by the Temple Advisory Committee should be printed and distributed by the Advisory Committees only after approval by the concerned Assistant Devaswom Commissioners. Also, the Assistant Devaswom Commissioners should ensure that the notices are printed as approved before sealing the coupons.”
- People, including the members of the authorized advisory committee of Devaswams, are holding a protest meeting called “Namajapaghosam” against the Devaswom Board by placing a microphone inside the temple or at the temple premises. The Devaswom sees such activities as against the peaceful atmosphere of the temple. Such protest meetings in the name of “Namajapaghosam” or any other name are prohibited. If such situations arise in temple property, the concerned Devaswom officials should take strong legal action and report the information to the board.
- If there is a situation of violation of higher orders, the concerned will have to face court proceedings as a violation of the orders of the High Court.
In February, the Division Bench of Justice Anil K Narendran and Justice PG Ajithkumar of the Kerala High Court observed that the Kaliyoottu festival at Major Vellayani Bhadrakali Devi Temple, which is a temple under the management of the TDB, had to be conducted in accordance with the custom, rituals and practices of that Temple. Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. A worshipper or a devotee has no legal right to insist that saffron/orange coloured decorative materials alone are used for festivals in a temple under the management of the TDB. Similarly, the district administration or the police cannot insist that only “politically neutral” coloured decorative materials are used for temple festivals. The district administration or the police cannot meddle with the power of the TDB in conducting Kaliyoottu festival in accordance with the custom, rituals and practices of that temple.
The Court directed that in case there is an apprehension of any untoward incident in the temple premises or in the near vicinity of the temple that may hamper the law and order situation, which would affect the smooth conduct of the festival, the district administration and the police shall take appropriate steps to ensure that law and order in the temple premises and in the near vicinity of the temple is maintained properly.
In Anil Kumar A.G. vs Travancore Devaswom Board and others (2020) a Division Bench of the High Court held that festivals in temples are to be conducted in accordance with the custom, ritual and practices of the temple concerned. Interference with the conduct of such festivals by police authorities, in whatever manner, is unfortunate and uncalled for. The police authorities are empowered to take appropriate measures to keep the law and order situation in the area where the festival is to take place. To maintain law and order, certain, appropriate measures may be required to be taken depending upon the circumstances prevailing in a particular area. But, at the same time, in a bid to maintain law and order, interference with the conduct of the festival is impermissible.
The Travancore-Cochin Hindu Religious Institutions Act, 1950, enacted by the state legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and other Hindu Religious Endowments and Funds. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the TDB.
—By Shivam Sharma and India Legal Bureau